Sentencing Guidelines

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marvin Frank Robinson

Case No.: 2019AP105-CR; 2019AP106-CR

Officials: KESSLER, J.

Focus: Sentencing Guidelines

Marvin Frank Robinson appeals a judgment of conviction, following a guilty plea, of one count of battery and one count of knowingly violating a restraining order, all charged with the domestic abuse modifier, in Milwaukee County Circuit Court case No. 2017CM2528. He also appeals from the judgment of conviction, following a guilty plea, of one count of misdemeanor bail jumping, one count of criminal damage to property, and one count of disorderly conduct, all charged with the domestic abuse modifier, in Milwaukee County Circuit Court case No. 2017CF3763. Robinson also appeals from the postconviction order in these consolidated cases denying his motion for relief. On appeal, Robinson contends that the record was insufficient to establish a factual basis for the imposition of the domestic abuse modifier under WIS. STAT. § 968.075 and to require Robinson to pay to the domestic abuse surcharges under WIS. STAT. § 973.055. “Domestic abuse” is not a standalone crime but, rather, a modifier that can be attached to other offenses. Whether an offense qualifies as “domestic abuse” within the meaning of WIS. STAT. § 968.075(1)(a) is a mixed question of fact and law. See State v. Schmidt, 2004 WI App 235, ¶13, 277 Wis. 2d 561, 691 N.W.2d 379. This court applies a “clearly erroneous” standard of review to a circuit court’s factual findings We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.